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INFORMATION FOR TOURISTS. Regarding the procedure for filing of claims by the tourists of the insolvent tour operator UAB “Freshtravel”

2014-11-17

The State Department of Tourism under the Ministry of Economy (hereinafter referred to as the Department) hereby informs the tourists and agents of UAB “Freshtravel” about the procedure for filing of claims to UAB “Freshtravel”.

The Department hereby informs that on 14 November 2014 a notification about tour operator insolvency was received from UAB “Freshtravel”.

The validity of UAB “Freshtravel” tour operator Certificate No. 13769, issued on 24-03-2014, was suspended by order No. V-256 of the Department Director of 14 November 2014.

All applications of tourists shall be collected within 3 months, satisfied, and insurance funds shall be distributed proportionally to the amount of demands, in spite of the date of submission of a request regarding loss compensation. The Department will publish the information regarding amounts of compensations later, after evaluation of loss scope, sustained by all tourists affected.

All tourists of UAB “Freshtravel” tour operator, who entered with the tour operator into Tourism Service Supply Agreements, however failed to receive the tourism service, provided in the agreement, from 14-11-2014 (the tour failed/ shall fail), shall provide applications regarding money return:

· through travel agencies (tour sales agents), if the tour was purchased through these intermediaries;

· directly to the Department, if the tour was purchased directly from UAB “Freshtravel”.


We hereby notice that the tourists shall file a claim ONCE, i.e. the claim shall be filed only through the travel agency or only through the Department. One SHALL NOT file the same claim twice.  

 Click here to download the recommended application form.  

In the application the tourists have to specify their contact data; personal number; sum of money paid to the tour operator; personal banking account of a tourist, or other banking account (specifying details of the account holder) to transfer the money paid to the tour operator; names and surnames of accompanying tourists (specified in the same Tourism Service Supply Agreement). The application shall be signed.

Please attach to the application a Tourism Service Supply Agreement, documents confirming the fact of money payment (payment receipt originals or copies of bank payment transfers through e-banking system), other documents, confirming the fact of acquisition of tourism services from  UAB “Freshtravel” (if the tour operator or travel agency did not offer the tourist to sign a travel agreement), copy of court decision (in cases, where courts of the Republic of Lithuania awarded loss, sustained by UAB “Freshtravel” tourists due to failure or disability to  fulfil the obligations (or failure to fulfil all obligations) taken by the tour operator). The Department shall be provided with one copy of the application and other attached documents.

We hereby notice that non-property damage shall not be compensated by the insurance company. Please apply to the court directly regarding compensation of non-property damage.

If the tour was purchased not through the travel agent, but directly from UAB “Freshtravel”, we hereby recommend sending applications and other documents by registered mail to the State Department of Tourism under the Ministry of Economy, address: Gedimino Ave 38, Vilnius. The applications shall not be additionally sent by e-mail or fax, or delivered personally.
Information for travel agents, acted as intermediaries while selling tours organised by UAB “Freshtravel”.

The Department hereby informs that, while sending to the Department applications of tourists regarding compensation of UAB “Freshtravel” tours failed (not fully fulfilled obligations) and loss, travel agents of UAB “Freshtravel” have to attach an official letter of their company (cover letter).
The cover letter shall include total number of applications received from UAB “Freshtravel” tourists and detailed information about each application, i.e.:  

1.      Name and surname of the applicant.
2.      Date and No. of Tourism Service Supply Agreement.
3.      Tour date (period).
4.      Tour price.
5.      A share of non-received services (whether the tour failed totally, or just a share of services was not provided, clearly listing the services).
6
.      The amount transferred by the travel agency to UAB “Freshtravel”.
7.      Amount of the commission charge.
8
.      Contacts of the representative of the travel agent, responsible for provision of information or/and documents and other related issues.

Please send the signed and certified by a seal cover letters together with the attached applications to the Department.

We also hereby inform that applications with the attached originals of documents (travel agreement, documents confirming payment for the tour, i.e. payment receipts, or copies of bank payment transfers through e-banking system, other documents confirming the expenses) shall be sent to the Department.

Considering the number of tourists affected and scope of documents, the Department asks all travel agents of UAB “Freshtravel” to provide all required information to applying tourists by good will and check the accepted documents thoroughly.

After collection of tourists` claims the Department shall initiate the procedure for compensation of loss, sustained by the tourists, from duty fulfilment guarantee insurance of the tour operator. Activities of UAB “Freshtravel” are insured by Lithuanian Branch of “Compensa TU S.A. Vienna Insurance Group”, Guarantee Insurance Policy No. 19040/8000029, valid from 14-04-2014 to 14-04-2015, insurance amount 350 000 LTL, ERGO Insurance No. 741-100663, valid from 01-10-2014 to 30-09-2015, insurance amount 350 000 LTL (Insurance). A share of insurance funds was used for payment of flights for return of tourists back in Lithuania, which took place within the period 14-11-2014 - 15-11-2014, and covering of other unpaid amounts of UAB “Freshtravel”, related to rescue of tourists – from illegal detention in hotels of Egypt.

We hereby pay your attention that after initiation of the abovementioned procedure the insured events shall be considered the events, where the tourists acquired the organised tourist tour (travel package). This procedure shall not be applied for compensation of loss, sustained due to purchase of one service (i.e. only flight ticket or hotel accommodation service, etc.).

We hereby notice that actual consideration of insurance compensation payment issue is within the competence of the Insurance Company, but not of the Department.

Information shall be updated on the official Web page of the Department www.tourism.lt



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